Terms and Conditions
2. Our Service.
Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. DISCLAIMER OF WARRANTIES. Y
OU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
12. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights you can contact our copyright agent.
13. Applicable Law.
14. Miscellaneous Information. (i)
By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.
Prices are subject to change without notice. All sales are final. In order to cut down on overhead costs and in turn offer you the lowest possible price, we accept orders that are processed online using a major credit or debit card. madaspen|home accepts VISA, Mastercard, American Express and Discover credit cards and debit cards with the VISA or Mastercard logo. All of the before mentioned cards must be from a bank located in the United States.We do not accept checks or money orders. We also offer Paypal as a secure payment check-out.
Industry-standard encryption technologies - including, but not limited to, SSL (Secure Socket Layer) technology - are used when transferring and receiving transaction data exchanged with our Website. Standard security measures are in place at our physical facilities to protect against the loss, misuse or alteration of information collected from you at our website. All transactions are being processed with up to 256bit Secure Socket Layer (SSL) data protection (The highest allowed by current web browsers).
18. Sales tax
Any order that is shipped to addresses in the state of Nevada is subject to a 7.75% sales tax. We are required by law to charge Nevada state sales tax. Sales tax will automatically be calculated and added to any order shipped to Nevada. Sales tax will not be charged to orders from any other state.
19. Backorders / Product Delays & Out of Stock Items
Backorders are a result of vendor delays in 'out of stock' products to be shipped to madaspen|home. madaspen|home may choose to partial ship an item and backorder the remainder of any item ordered and ship that item at a later date at no cost to the customer. It's possible that some items may be temporarily out of stock for as long as 1 to 6 weeks due to manufacturer delays or other unforeseen circumstances. Customers will be notified when a backorder is being shipped and if an item ordered has been discontinued or is no longer available.
20.Shipping and handling
All orders will be processed and shipped within the next 2-5 business days of receiving your order if in stock. Any item that is "out of stock" will be backordered and will be shipped immediately upon availabilty. Jewelry that is made to order can take between 3 and 10 business days. Occasionally, circumstances beyond our control will require additional shipping time. No additional freight charges will be incurred on any items backordered. Deliveries during the busy holiday season, large orders and out of stock orders may take considerably longer. All orders ship Fedex. Please allow 2-10 business days for delivery with Fedex ground depending your delivery address. Incorrect addresses will be subject to a $7.00 Fedex correction fee. Shipping fees are calculated from Nevada shipping zone to your shipping location on actual size and weight of the merchandise you are purchasing.
Shipping to a P.O. box: We're sorry, but you must provide us with a valid residential address in order to accommodate your request. FEDEX does NOT ship to PO Boxes.
International Orders: Sorry, we do not ship Le Blanc products internationally. Jewelry items can be shipped internationally. Please contact us for a shipping quote.
21.Returns and damages
Please examine your order upon arrival for any discrepancies. If there is a problem, contact us within 7 days of receipt of order. If your order arrives damaged, or it isn’t what you ordered, please contact our customer service within 7 calendar days of delivery via email.
Please note that all sale items from le Blanc are considered final sales; no returns, exchanges or cancellations will be accepted unless the item arrives damaged or the wrong item was shipped. (This includes items purchased at a discounted price through special promotions or coupons)
All jewelry sales are subject to a 25% restocking fee. Items must be returned within 7 days after delivery in their original condition. Request a cancellation within 2 hours of purchase. Jewelry items on sale are final and non refundable. If you have us make a ring for you (made to order) to a certain specific size and it doesn't fit, there would be a 25% restocking fee if you want to return it. Don't second guess your ring size but measure a ring at a jeweler's that fits you well or have the jeweler measure your ring size on the finger you want to wear it on. It takes many hours to hand make a ring from scratch so it is best to be sure of your size. Jewelry that is made to order can take between 3 and 10 business days.
Cancellations will be accepted prior to shipping of order by e-mail only. If an order has already been shipped or was not able to be canceled due to shipping procedures then the customer will be responsible for return of item(s) per madaspen|home product and/or return policy.
We offer layaway terms which will require a 25% deposit, and must be fully paid within the agreed layaway approved period. Any layaway not paid within the approved period, must be extended by us on approval. No refunds or cancellations will be given on layaways and or special orders. Please contact us for any layaway requests.
24. Business Hours
Normal business hours are Monday - Friday 8:30am to 4:30pm Pacific West Coast Time. madaspen|home offices will be closed during all major holidays .
When submitting an order through our secured online web site, or when relying on any information obtained from madaspenhome.com when submitting an email, phone or fax order, you acknowledge and indicate acceptance of all of the above terms and conditions.
Madaspen Home reserves the right to cancel, refuse or limit quantities of any order placed through our web site if the acceptance would impose upon us any unreasonable obligation, risk or liability. Any such order may be cancelled in whole or in part and refunded appropriately. We reserve the right to cancel or refuse orders for a product that is listed at an incorrect price due to typographical or pricing errors.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control, but not limited to Acts of God, (including, without limitation, strikes, natural disaters,riots,... ).